Los Angeles daily herald., 1887-07-27
DAILY HERALD.
SETTLED.
The Site Selected for the
Government Building.
J. MARION BROOKS OPINION.
Three Lots of Block &C." of the
Rivera and VignOlo
Tract.

tract.
All suspense in regard to the site
for the new postofiice has been laid al
rest by the receipt of the following
telegram yesterday by U. S. District
Attorney j. Marion Brooks:
WASHINGTON, ID. c., July 26th.
Hon. J. Marion Brooks, U. S. Distric
Attorney, Los angeles, Cal.
Title to Los Angeles site approved
yesterday and papers handed to Treas.
ury Department.
(Signed) A. H. GARLAND,
Attorney General.
The selection of a site has been
under consideration for some time,
and while it was suspected that the
one chosen would be decided upon,
there was enongh uncertainty about
the matter to create a doubt as to
whether a flaw in the title would not
be found and the whole thing fall to
the ground. The following opinion of
Hon. J. Marion Brooks, sent on July
7th, was the cause Of the approval of
the site.
Los ANGELES, Cal, July Z, 1887.
Hon. august Fl. Garland, attorney
General of the United States, Wash
..ington, d. c.
DEAR SIR-In accordance with yours
of May Goth, l herewith transmit to
you my opinion as to the validity OF
the title of lots IL, Is and 10 of block
&C." of the Rivera and Vignolo tract,
fronting on Main street, and formerly
known as a part of the old garden Of
Augustin Machado, those lots being
the site selected by the Government
for the new Government building to
be erected in this city. l have also
forwarded you complete abstract OF
said property upon which you will act
and being in accordance with your re-
quest.
Asis we'll known, the city of Los Ar
geles embraces the land formerly
known as pueblo lands, belonging to
the Pueblo of the town of Los Angel
es, which was so established by Spain
during the last century. By virtue of
the law of the United States, Congress,
March Sd, 1851, enacted for the settle
ment of private land claims in Cali
fornia, and by virtue of certain Judi
cial and executive proceedings therein.
the fee in said public lands became
vested in the Mayor and Common
Council of the city of Los Angeles,
(sutject to private rights prior there
to) for the benefit of the inhabitants
thereof.
There has been issued by the United
States two patents to the city of Los
Angeles as muniments of title of the
pueblo lands. The first was issued
August 8, 1866, and the other August
A, 1875. The latter was issued upon
the theory that the first was void for
want of showing upon its face the pub
lieation of the survey. The first was
duly signed and recorded in the proper
book in the General Land Office and
vested thereby in the city the legal
title to the lands therein described.
This q estion has been settled by
the Supreme Court of this State in the
case OF Cruz VS.. Martinez, (53 Cal. +,
239.) The question as to the true date
of the patent only becomes important
in reference to the statute of limita-
tions. 1t has no particular bearing,
probably, upon the title to the land in
question, but is herein mentioned as
part of the history of titles to the lands
In this city.
As to the private title to the land in
question, this land was occupied and
ownership thereof claimed by one
Augustin Machado for many years.
So far as the records show there ap-
pears to be no written title which
emanated under the Mexican govern
ment to the land.
Under the jurisprudence of Spain,
no lands within pueblo were ever
sold to u private individual except the
house lots, the suertes, peonias and
cavallerias. These were to be pos
sessed and worked continuously for
four years before the grantee could
dispose of them as his own, as pro-
yided in law l, book 4, title u, of the
laws of the Indies; see Halls Mexi-
can Law, section 122, page So.
No public place, street, road, pas
fure or threshing ground, nor other
similar place, used in common by the
Inhabitants of any city, town or castle,
or other place, can be acquired by
prescription. 1b. section 1541.
There is nothing to show to what
class of pueblo lands the Machado
tract belonged. But, it would be
reasonable to suppose that it belonged
to the suerte class. According to the
regulations made by Governor Nava
in 1879, and approved by the King, a
suerte was 200 varas long and 200
wide. Sometimes two or three were
granted to the same person for good
reasons shown. One suerte is about
equal to nine acres, which was alb nut
the extent of the Machado garden and
orchard. Ii the said tract was a
suerte claim, the title thereto might
be supported by prescription.
INCORPORATION OF THE CITY OF LOS
ANGELES.
The City Of Los Angeles was incor-
porated under the act of the Legisla-
ture providing for the incorporation of
towns and cities, approved March IL,
1850.
BY the act of the Legislature of
April 4, 1850, the city succeeded to all
the rights, claims and powers of the
said pueblo.
Now this act does not vest the power
in the city to sell the pueblo lands,
except the same class of lands which
the pueblo authorities could sell. By
the act of the Legislature of April
18th, 1864, the Mayor and Common
Council were declared to be in pos
session of the pueblo lands. But this
was not a power of disposal.
The Common Council OF the city in
the year 1854, passes an ordinance de-
claring all persons who had been in
the occudancy of pueblo lands for
twelve years prior thereto, were en-
titled to the same; and that upon
petition therefor the Mayor should ex-
ecute deeds to the applicants upon the
payment of a certain sum Of money.
/ see no authority vested in the